The NSW Government has introduced the offence of industrial manslaughter, which allows for a maximum penalty of 25 years jail for an individual and $20 million in fines for a body corporate. The industrial manslaughter laws will allow for a business or individual to be held responsible for the death of a person due to gross negligence in the workplace. NSW is the last mainland state without an industrial manslaughter offence.

The state government consulted work health and safety experts, business groups, unions, legal stakeholders and the families of people who have been killed at work and has incorporated that feedback into the creation of the new offence and penalties.

The current maximum penalty for the highest form of offence under the WHS Act – Category 1 is five years’ imprisonment for an individual or a $3.8 million fine for a body corporate. A unit will be established in the NSW Office of the Director of Public Prosecutions that will be responsible for the prosecution of industrial manslaughter offences against individuals and, where appropriate, related bodies corporate.

Minister for Work Health and Safety Sophie Cotsis said any workplace death is a tragedy, and in cases where a person with a work health and safety duty has been careless or irresponsible, they must be held accountable. “Every worker deserves to go home to their loved ones at the end of the day. No government should ever want to have to use these laws. The offence of industrial manslaughter will apply to the worst of the worst cases where gross negligence has caused the death of a person in a workplace,” Cotsis said.

Attorney General Michael Daley strengthening the existing laws with a new industrial manslaughter offence will act as a further deterrence to unsafe work practices, sending a clear message that people who place workers’ lives at risk will be held to account.

“The maximum penalties under the legislation will be 25 years’ jail for an individual and $20 million for a body corporate. The significant maximum penalties that will apply for this offence make it clear how important it is to take a proactive approach to meeting work health and safety obligations to provide a safe workplace,” Daley said.

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